STATE OF GUJARAT Vs. LALLUBHAI THAKOREBHAI DESAI

JUDGEMENT

(1.) What is the meaning and importance of issuance of the 'Identity Card' to the workers by the Owner/Occupier/Manager of the Factory under Rule 110A of the Gujarat Factories Rules, 1963 - and "Can the contravention of this provision be treated as trivial, technical offence and the contravenor of the same be let off with lighter sentence of fine only or the same can be said to be grave and serious enough, calling for stricter view of the matter while awarding the sentence - This in short, is the question which has cropped up for consideration in the background of following prosecution cases.

(2.) According to Mr. K. B. Parekh, Factory Inspector, Surat, when he visited the factory named "Dayaram Brothers" at Bardoli on dated 8 -10 -1986 of the Ownership/under management of Lallubhai Thakorebhai Desai, on inquiry it was learnt that two workers; namely - Chandrakant Harkishandas and Shankerbhai Nathubhai were engaged in diamond polishing and finishing work, and were not provided with Identity Card in Form No. 36, as warranted under Rule 110A of the Factories Rules. On the basis of these allegations, the Factory Inspector filed two separate complaints against the respondents on 11 -12 -1986 before the learned J.M.P.C., Bardoli for the alleged contravention of Rule 110A read with Sec. 92 of the Factories Act. Thereafter, the respondent immediately on appearing before the Court on 8 -1 -1987 pleaded guilty, and the learned Magistrate accepting the same, convicted and sentenced him to pay fine of Rs. 20.00 and in default, to undergo one day simple imprisonment in each one of these two cases, giving rise to the present two appeals for enhancement of the sentence.

(3.) Heard the learned A.P.P. Mr. K. C. Shah and Mr. S. N. Shelat, the learned Advocate appearing for the respondent.